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Land Pollution - Contaminated Land

Land can be contaminated by things like oil, asbestos and gases. Under the 1990 Environmental Protection Act we have certain duties, as do Hertfordshire County Council and the Environment Agency when dealing with contaminated land.

Please Note that East Herts Council Contaminated Land Strategy is under review and will be updated.

East Herts Council has the primary regulatory role under the Part IIA regime.

The local authority is also the primary authority for land use planning. It must however make reference to the Environment Agency for specific site guidance. The Environment Agency is the enforcing authority with regard to special sites. In respect of former landfill and/or mineral workings which may be potentially contaminated, Hertfordshire County Council acts as the Minerals and Wastes Planning Authority.

Environmental Protection Act 1990

The Council's duties are prescribed in Part IIA of the Environmental Protection Act 1990:

To cause the District to be inspected for contaminated land.

To determine whether conditions at any particular site meet the statutory definition of contaminated land.

To ensure all 'statutory' contaminated land is remediated.

To act as the enforcing authority for all contaminated land, unless the site meets the definition of a "special site" (in which case the Environment Agency will act as the enforcing authority).